House File 107 - Introduced



                                  HOUSE FILE       
                                  BY  STRUYK, WINDSCHITL, FORRISTALL,
                                      PETTENGILL, SCHULTZ, HUSEMAN,
                                      ALONS, DRAKE, RAYHONS, and
                                      HORBACH


    Passed House,  Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act providing for the enforcement of immigration laws in this
  2    state, including the detention and deportation of unauthorized
  3    aliens and the seizure of assets.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 1552YH 83
  6 jm/rj/5

PAG LIN



  1  1    Section 1.  MEMORANDUM OF UNDERSTANDING == ENFORCEMENT OF
  1  2 FEDERAL IMMIGRATION LAW.
  1  3    1.  The attorney general is authorized and directed to
  1  4 negotiate the terms of a memorandum of understanding between
  1  5 the state of Iowa and the United States department of justice
  1  6 or the United States department of homeland security
  1  7 concerning the enforcement of federal immigration and custom
  1  8 laws, detention of unauthorized aliens in county jails, and
  1  9 immediate deportation after serving a state sentence.  The
  1 10 memorandum of understanding shall include procedures for
  1 11 seizing the assets of an unauthorized alien to reimburse this
  1 12 state for any services provided to the unauthorized alien.
  1 13 The agreement shall also provide that costs incurred by this
  1 14 state for the detention and deportation of an unauthorized
  1 15 alien shall be reimbursed by the federal government.
  1 16    2.  The memorandum of understanding negotiated pursuant to
  1 17 subsection 1 shall be signed on behalf of this state by the
  1 18 attorney general and the governor or as otherwise required by
  1 19 the appropriate federal agency but shall not be implemented
  1 20 until money is appropriated for such purpose.
  1 21    3.  A local government, whether acting through its
  1 22 governing body or by an initiative, referendum, or any other
  1 23 process, shall not enact any ordinance, resolution, or policy
  1 24 that limits or prohibits a law enforcement officer, local
  1 25 officer, or local government employee from communicating or
  1 26 cooperating with federal officials with regard to the
  1 27 immigration status of any person within this state.
  1 28    4.  Notwithstanding any other provision of law, a
  1 29 government entity or official within the state of Iowa shall
  1 30 not prohibit, or in any way restrict, any government entity or
  1 31 official from sending to, or receiving from, the United States
  1 32 department of homeland security information regarding the
  1 33 citizenship or immigration status, lawful or unlawful, of any
  1 34 individual.
  1 35    5.  Notwithstanding any other provision of law, a person or
  2  1 agency shall not prohibit, or in any way restrict, a public
  2  2 employee from doing any of the following with respect to
  2  3 information regarding the immigration status, lawful or
  2  4 unlawful, of any individual:
  2  5    a.  Sending such information to, or requesting or receiving
  2  6 such information from, the United States department of
  2  7 homeland security.
  2  8    b.  Maintaining such information.
  2  9    c.  Exchanging such information with any other federal,
  2 10 state, or local government entity.
  2 11    6.  Any natural or legal person lawfully domiciled in this
  2 12 state may file for a writ of mandamus to compel any
  2 13 noncooperating local or state governmental agency to comply
  2 14 with this section.
  2 15                           EXPLANATION
  2 16    This bill authorizes the attorney general to negotiate a
  2 17 memorandum of understanding on behalf of the state with the
  2 18 United States department of justice or the United States
  2 19 department of homeland security concerning the enforcement of
  2 20 federal immigration and custom laws, detention of unauthorized
  2 21 aliens in county jails, and the immediate deportation after
  2 22 serving a state sentence.  The memorandum of understanding
  2 23 shall also include procedures for seizing the assets of an
  2 24 unauthorized alien to reimburse the state for any services
  2 25 provided to the unauthorized alien.  The bill also requires
  2 26 that the agreement provide that costs incurred by the state in
  2 27 detaining and deporting an unauthorized alien be reimbursed by
  2 28 the federal government.
  2 29    The bill further provides that a person, including the
  2 30 state and any local government, shall not restrict a public
  2 31 employee from communicating or cooperating with federal
  2 32 officials with regard to the immigration status of any person
  2 33 within this state.
  2 34    Any person may file for a writ of mandamus to compel
  2 35 compliance with the bill.
  3  1 LSB 1552YH 83
  3  2 jm/rj/5